Many veterans develop low back conditions as a result of their military service. Veterans who apply for VA benefits for these conditions often receive a rating between 10 percent and 40 percent. Some veterans receive a 50 percent rating, but that difficult to qualify for.
Often, low back these low back conditions worsen over time. When service-connected conditions worsen, veterans are often eligible for an increased rating through VA.
Also, the worsening of a low back condition can make it very difficult to work. Many veterans work blue collar jobs. What happens to these veterans when their service-connected back condition worsens to the point that it prevents them from doing their jobs.
Why a 40 percent back rating matters if your back condition prevents you from working?
Serious low back conditions make it difficult to perform all kinds of work. Many people with serious back conditions need to change positions regularly. They also have difficulty lift, bending, andtwisting
What if my back rating is less than 40 percent but still prevents me from working?
If your back condition is less than 40 percent, there are still a couple of ways that you might use it to help you qualify for TDIU.
If your back condition has worsened since you received your rating, you could file for an increased rating and TDIU.
Even if your back condition remains less than 40 percent, you could qualify for TDIU if you have another service connected condition rated at least 40 percent and a total VA rating of at least 70 percent. You could still use the limitations from your back condition and your other service-connected conditions to prove to VA that you meet their definition of unemployable.
How would I prove TDIU to VA when I have a 40 percent back rating?
Proving TDIU can be tough. You will want to provide VA with evidence of how all of your service-connected conditions affect you and your ability to work.
Low back conditions are notorious for making it difficult to work. Many people with serious low back conditions have to change positions from sitting to standing and back. Many jobs do not allow you this flexibility.
Low back conditions often limit your ability to bend and lift and may prevent you from doing those jobs as well. The ultimate question is going to be whether all of your service connected conditions prevent you from working. This article I wrote talks some more about providing evidence of TDIU to VA.
What if I have a service connected low back condition and service connected PTSD?
One situation we run across where two conditions can combine to really affect your ability to work is a low back injury and PTSD. As I mentioned above, a serious low back condition will make it difficult to do most physically demanding activity. That type of back condition may essentially limit someone to sedentary work. Sedentary work is what most people think of as an office type job with very light lifting and mostly sitting instead of standing or walking.
By itself, that may not be enough to make someone unemployable under VA’s standards. But, PTSD often makes it difficult for people to create or maintain relationships, to interact with others, and to deal with stress and criticism. Because of this, PTSD can make it difficult to work in a closed office environment.
So, one condition (the back injury) may limit you to office type work. The other condition (PTSD) may prevent that office type work. This can often mean that you are unemployable because of the combined effect of both conditions.
Other conditions can have similar effects when combined with limitations from back conditions. But, PTSD is the condition that we most commonly see having this effect because it can make it difficult to do work in an office environment.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best.
I am very grateful with their assistance in filling my claim with the VA and winning
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They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
Jason provided provided outstanding counsel and support. His communication was exemplary, with prompt and informative responses to all my inquiries. The entire team was professional, knowledgeable, and genuinely caring, transforming a potentially stressful experience into a positive one. I cannot recommend their services highly enough. Thanks Jason!Cody
I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
It has been a pleasure working with Jason and firm, very knowledgeable and professional, He did awesome job to get settlement that I need for my workmen comp case which was fair in my case, cause the insurance company was trying low ball me and not give me nothing but Jason fix that ….I truly recommend Perkins&studdard any workmen comp case that you have and also want thank Tina also for helping me along this process
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Thank you Jason and Tina for everything you've done.
Much appreciated.
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Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
